TENTATIVE 

Plaintiff Ryan Nathan (“Plaintiff”) filed this action against Defendants Aria Servatjoo (“Aria”), Nahid Servatjoo (“Nahid”), and Parviz Servatjoo (“Parviz”) (collectively, “Defendants”) for negligence, assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and negligent supervision.  

The complaint alleges Parviz hit Plaintiff in the face with a closed fist and knocked out his front tooth. Defendants Aria and Nahid are the parents of Parviz. Plaintiff alleges Parviz’s parents had a duty to prevent Aria from inflicting injury on Plaintiff. 

Plaintiff seeks $228,532 in damages, comprised of $28,532 in special damages, and $200,000 in general damages. Further, Plaintiff seeks $2,143 in costs.  

This is Plaintiff’s third request for default judgment. The request for default judgment submitted on December 1, 2023 is DENIED for the following reasons: 

First, California Civil Code 1714.1 provides a statutory cap on the parents and guardians liability for their child’s willful misconduct. However, at issue is that Plaintiff does not establish a basis of liability for Aria and Nahid as the parents of Parviz, because Parviz is not alleged to have been a minor at the time of the incident for the negligent supervision claim, nor were Aria and Nahid involved in the incident to impose direct liability.  

Parental liability ceases once the child reaches the age of majority. (See In re Jeffrey M. (2006) 141 Cal. App. 4th 1017, 1027 [Because statute holding parents liable for damages arising from intentional torts of their children is contrary to the general rule found in the common law that parents are not liable for their children's torts, the statute must be strictly construed.] Because Plaintiff has not established a legal basis of liability against the parents of Parviz, the Court will not award any damages against Aria and Nahid.  

Second, Plaintiff’s declaration makes reference to exhibits that were not attached. No supporting documentation was provided to substantiate the claimed medical specials of $28,532, nor to substantiate general damages of $200,000. 

No later than ____________, Plaintiff is to submit a new default judgment package correcting these defects. Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to __________.